LIFE, DEATH, AND THE LAW: EUTHANASIA IN THE NIGERIAN LEGAL SYSTEM AND ISLAMIC PERSPECTIVE

Abstract

The debate on the legality or otherwise of euthanasia and physician-assisted suicide is gathering momentum globally from the legal, social, and spiritual perspectives. This is due to the sanctity and dignity of human life. Many countries of the world have legalized passive euthanasia, while few others have legalized active euthanasia. Islam emphatically prohibits active euthanasia, while it is debatable with respect to passive euthanasia. In developing countries like Nigeria, patients who suffer from terminal illnesses live in agony and pain before they eventually die. This is due to poor health facilities and inadequate medical staff to manage these patients properly. This research examines the legal and Islamic perspectives on euthanasia within the Nigerian context, focusing on the legal and religious dimension surrounding the right to die. The work is motivated by the way some scholars equate withdrawal from treatment without more as a passive euthanasia and how Muslims are confused on Islamic ruling on euthanasia. The work discussed the constitutionality of euthanasia under the Nigerian legal system and the position of Islam on euthanasia. The objective of this study is to explore the extent to which Nigerian law accommodates or prohibits euthanasia and juxtapose this with Islamic position. Doctrinal method of research is adopted, relying on thorough analysis of constitutional provisions and sources of Islamic law. The work found that intention of the patient is what determines whether the action of the patient is indeed euthanasia and whether it is permissible under Islamic law. It concludes with recommendations on the need for Muslims to be cautious in practicing euthanasia and the need for government to have a well-defined policy that will assist patients that are terminally ill.